The plaintiff, a political refugee, sued the federal government for damages arising from a mistaken 1994 arrest based on a cancelled deportation order, which led to a loss of social benefits for many years.
The defendant brought a motion to strike the claim as statute-barred.
The court found that the plaintiff discovered his claim in 2012 when an immigration lawyer investigated the matter and the government acknowledged the mistake.
Because the plaintiff did not commence his action until 2017, well beyond the two-year limitation period, the court granted the motion and dismissed the action as statute-barred.
